YOUNGSTOWN BUILDING MATERIAL & FUEL CO. v. BOWERS

Nos. 35335, 35340 and 35346.

167 Ohio St. 363 (1958)

THE YOUNGSTOWN BUILDING MATERIAL & FUEL CO., APPELLEE, v. BOWERS, TAX COMMR., APPELLANT. THE YOUNGSTOWN BUILDING MATERIAL & FUEL CO., APPELLANT v. BOWERS, TAX COMMR., APPELLEE. COLLINWOOD SHALE BRICK & SUPPLY CO., APPELLANT, v. BOWERS TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided March 19, 1958.


Attorney(s) appearing for the Case

Messrs. Manchester, Bennett, Powers & Ullman and Mr. Paul J. Fleming, for appellee in case No. 35335 and appellant in case No. 35340.

Mr. William Saxbe, attorney general, and Mr. John M. Tobin, for appellant in case No. 35335 and appellee in case No. 35340.

Messrs. McAfee, Grossman, Taplin, Banning, Newcomer & Hazlett, Mr. Russell C. Grahame and Mr. H. V. E. Mitchell, for appellant in case No. 35346.

Mr. William Saxbe, attorney general, and Mr. Gerald A. Donahue, for appellee in case No. 35346.


BELL, J.

A batching plant, as the term is used in the readymix concrete business, is a semiportable steel structure, mounted on a concrete base embedded in the ground, and containing separate compartments or bins where the various ingredients used in the processing of concrete—aggregates, cement and water—are separately stored, weighed and blended into readymix concrete.

The upper part of a batching plant contains the bins where

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